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SB 293 and HB 16: A New Chapter for Summary Judgment Practice in Texas

By Rick Anderson, Brenda Phelps & Jonathon Duffy on February 26, 2026
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Senate Bill 293 (SB 293), codified at Section 23.303 of the Texas Government Code, requires Texas courts to follow a strict schedule for hearings and rulings on motions for summary judgment. Effective September 1, 2025, SB 293 aims to streamline judicial efficiency and provide Texas litigants with more predictability. Relatedly, Texas House Bill 16 (HB 16), effective December 4, 2025, modifies the timelines for judicial action initially set by SB 293 in two ways:

1) by increasing the time courts have to consider motions for summary judgment from 45 days after the motion is filed to 60 days; and

2) by allowing courts up to 90 days after a summary judgment motion is filed to consider it, but only under very limited circumstances. Motions for summary judgment filed between September 1, 2025 and December 3, 2025 are subject to the deadlines originally introduced by SB 293.

In addition to enacting strict deadlines for summary judgment motions to be heard, considered, and ruled upon, SB 293 aims to enhance judicial accountability by increasing transparency and accountability through administrative oversight of courts to ensure compliance.

Procedural Changes

Under the new rules, business, district, and statutory courts must set motions for summary judgment for a hearing by oral argument or by submission no later than “the 60th day after the date the motion was filed; or the 90th day after the motion was filed: (i) if the court’s docket requires a hearing on a date later than the 60th day after the date the motion was filed; (ii) on a showing of good cause; or (iii) if the movant consents.”1 Further, Texas courts must now issue a written ruling on any motion for summary judgment no later than 90 days after the motion was heard or considered, and they must “record in the docket the date the motion was heard or considered.”2

Additionally, court clerks must report the court’s compliance with the deadlines described above to the Office of Court Administration of the Texas Judicial System (the “Office”) once per quarter, and the Office must in turn “prepare an annual report regarding compliance of courts and clerks with the requirements of [Tex Gov’t Code Ann. § 23.303] during the preceding state fiscal year.”3 “No later than December 31 of each year, the Office shall submit the report prepared under this section to the governor, lieutenant governor, and speaker of the house of representatives and make the report publicly available.”4

Conclusion

These changes are relatively recent, so their long-term effects on summary judgment practice have yet to be determined. Meanwhile, litigators and their clients should consider several points: 1) the increased importance of clarity and conciseness in summary judgment motions, as these motions are now more likely to be reviewed through the court’s submission docket; 2) the impact of mandatory rulings within set time frames, including whether these deadlines will affect the availability of oral hearings; 3) whether judges may become less likely to grant summary judgments; and 4) the need for strategic planning in filing summary judgment motions, as well as proactively requesting oral hearings given that stricter deadlines could limit their availability.

  1. See Tex. Gov’t Code Ann. § 23.303. ↩︎
  2. See id. ↩︎
  3. See id. ↩︎
  4. See id. ↩︎
Photo of Jonathon Duffy Jonathon Duffy

Jonathon defends clients in product liability and labor and employment matters. Jonathon focuses his current practice on product liability and employment law. He defends clients against various chemical exposure allegations and is particularly experienced with mold after representing a military housing provider whose…

Jonathon defends clients in product liability and labor and employment matters. Jonathon focuses his current practice on product liability and employment law. He defends clients against various chemical exposure allegations and is particularly experienced with mold after representing a military housing provider whose properties allegedly contained the substance. His litigation experience also includes mediation relating to employee dismissal after FMLA leave. In addition, Jonathon counsels clients on federal and state employment law, helping them avoid potential litigation. He frequently advises on employee handbooks and necessary revisions after new legislation.

Read more about Jonathon DuffyEmail
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  • Blog:
    Product Perspective: Complex Tort & Product Law
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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